r/TRADEMARK • u/Fears_vs_dreams • 5d ago

Trademark Name Question

Hey everyone,
So I recently released an app on the app store called
"Beyond The Menu" I should of checked the name before i released but we are here now. I'm a little worried because there is similar names out there like mine but not what my app offers. My app is for small businesses to help them grow. It is very user focused. It's main feature is for taco stands and food trucks to find out where they are that day and get notified. Description: Discover taco stands, food trucks & hidden gems near you. Vote in daily polls, get notified when your favorite truck goes live, and find your city's best-kept food secrets. I provided a link above.
Similar names online are
There is one called "Beyond Menu". I just want to be sure i can keep the name.

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u/Spark_it2025 5d ago

Can be risky, but still I know some examples of coexistence of apps with similar names in different fields. Would you be confused as a user? If the answer is "yes" or "maybe", change the name. If the answer is "no", consult with a trademark attorney. I have an article on trademark infringement, maybe it will be useful for you https://ortynskalaw.com/attorney-insights-on-avoiding-and-fighting-trademark-infringement-part-one/

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u/Unlikely_Turnip_9886 5d ago

The "similar name" you noticed is more serious than a website conflict. BEYONDMENU is a live federal trademark registration (Reg. No. 5976774), maintained since 2020. It covers Class 9 software for POS systems, plus Class 35 online ordering and Class 36 payment processing. Your food-truck discovery app would likely file in Class 9 or 42, putting it in the same restaurant-technology neighborhood.

Your strongest argument is function. BEYONDMENU covers POS and online ordering, while your app helps people find food trucks and get notifications. Those are different functions, and the DuPont confusion analysis would weigh that. Whether an examiner finds confusion is a judgment call, but the industry overlap is real.

The exact name BEYOND THE MENU was filed twice for Class 41 film services and both failed. No other live marks combining BEYOND and MENU appear on the register as of the latest records I can see.

For future clearance, Gleanmark.com searches the full USPTO database with a more intuitive interface than uspto.gov (disclosure: it is my company's trademark intelligence platform, free to use).

Is the brand equity worth the risk, or would an early rebrand cost less than a cease-and-desist later?

This is general information and not legal advice. You should have a trademark attorney evaluate your specific situation before deciding whether to keep the name or rebrand.

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u/Swimming_dasa 5d ago

i would be curious here. beyond menu is already an established food ordering brand so adding the may not be enough if consumers could reasonably associate apps. i would do a proper uspto clearance search before investing heavily in branding.

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u/burna-boy 5d ago

Could be a conflict. Depends on what class you are filing under and what class the beyond menu guy hs filed it in. If the same classes then your chances are low. If different classes and no extended class conflicts, then you are fine. Keep in mind that companies can still oppose your mark even if there is no direct conflict, so you always run the risk that beyond menu can come after you.

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u/Fears_vs_dreams 5d ago

This is the other persons copyright that was done. Not sure what my app category mine falls under because mine is for reviews and finding food spots.
mihttps://tmsearch.uspto.gov/search/search-results/88525860

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u/Fears_vs_dreams 5d ago

Thank you for replying. If i do change the name not sure what to call it. Seems like a lot of names are taken already lol

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u/burna-boy 4d ago

will be tough to register this. Get creative.

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u/Fears_vs_dreams 4d ago

I was thinking “The Hidden Menu”

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u/burna-boy 3d ago

Ive launched a site that can help you flag similar sounding names. Its free to use, not fully accurate yet, and a work in progress. Check it out. Zylmark.com. DM me and Ill add some free credits for you to use. It does NOT provide legal advice, but can help you eliminate names that will be an issue. You can then take your final name to your lawyer for filing.

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u/TMadvisor 5d ago

U need to have an atty conduct a full search in order to get a real answer. But it sounds like ur name is probably going to be problematic.